Delhi High Court · 2025

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 322/2025 JAN SEVA WELFARE SOCIETY .....Petitioner Through: Mr. Yogesh Goel, Mr. Ankit, Mr. Yesh Pal Saini, Mr. Aryan Singh, Mr. Sagar, Advocates. versus SH. PARBANSHU AND OTHERS .....Respondents Through: Mr. Amit Tiwari, CGSC with Mr. Ayush Tanwar, Ms. Ayushi Srivastava, Mr. Arpan Narwal and Mr. Kushagra Malik, Advocates for R-1 and R-2. Mr. Shiven Varma, Panel Counsel for GNCTD/R-3. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 16.12.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India seeks the following prayers: “(i) Initiate contempt proceeding against the contemnors/respondents for willfully and deliberately disobeying the order dated 29.05.2023 in W.P. (C) No. 2317/2023 titled as Sanjeev Bagai & Ors Vs. Department of Environment Govt. Of NCT of Delhi & Ors and order dated 13.12.2024 in Cont. Case (C) No. 1149/2022; (ii) Order the Respondent No.3 to strengthen surveillance and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 12:59:59 deploy vigilance team to prevent further cutting/pruning of the healthy trees situated in the public premises situated at Delhi and on the basis of the report of Vigilance Team, the wrong doer may be punished in accordance with the law of the land; (iii) Pass any other and further order as this Hon 'ble Court may deem fit, just and proper in the facts and circumstances of the case;” 3. Learned counsel for the petitioner drew attention of this Court to para 15 of the judgement dated 29.05.2023 passed in W.P.(C) 2317/2023 titled “Prof Dr Sanjeev Bagai & Ors. v. Department of Environment Govt of NCT of Delhi through its Principal Secretary (Environment and Forest) & Ors”, which reads as under: “15. In view of the above no pruning of trees will be permitted in Delhi except in accordance with the DPT Act. It will be open to respondents to frame guidelines and/or rules as may be requisite.” 4. It is the case of the petitioner that the aforesaid direction was violated by the respondents in as much as five trees situated inside Police Station, Rani Bagh, Pitampura were illegally cut without the permission of the concerned Authorities. 5. During the course of proceedings, status report dated 24.03.2025 on behalf of Deputy Conservator of Forest/ R-3 has been placed on record, in which it has been recorded as under: “2. That a complaint of Sh. Ajay Aggarwal (complainant) regarding illegal cutting/pruning of trees inside the compound of was received by official on behalf of North Forest Division (GNCTD) via Whatsapp (Tree Offence Cell) on 30.12.2024. 3. That, an inspection apropos to the above-mentioned complaint of the site of offence situated inside the compound of P.S: Rani Bagh, Outer Ring Road, Deepali Chowk, Delhi - 110034 was carried out by Beat-Officer/official on behalf of North Forest Division (GNCTD) on 30.12.2024. During the course of inspection This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 12:59:59 it was observed that an offence of illegal pruning of 05 (five) trees had been committed at the site of offence i.e. P.S: Rani Bagh, Outer Ring Road, Deepali Chowk, Delhi - 110034. Copy of Inspection Report dated 31.12.2024 has been annexed as ANNEXURE - 'B' 4. That, consequently a tree offence of illegal pruning of 05 (five) trees inside the compound of P.S: Rani Bagh, Outer Ring Road, Deepali Chowk, Delhi - 110034 was booked by Respondent No. 3 i.e. Dy. Conservator of Forests (North), GNCTD. Thereby, a Notice dated 14.01.2025 under the Delhi Preservation of Trees Act, 1994 scheduling a tree hearing on 29.01.2025 at 12:40 P.M at the office of Respondent No. 3 was forwarded and served to the Station House Officer (S.H.O) P.S: Rani Bagh, Outer Ring Road, Deepali Chowk, Delhi - 110034, other officials on behalf of P.S: Rani Bagh, Outer Ring Road, Deepali Chowk, Delhi - 110034, Sh. Ajay Gupta (complainant) and Sh. Ajay Aggarwal (complainant) with direction to submit any relevant evidence in view of Principles of Natural Justice. Copy of Notice under DPTA, 1994 dated 14.01.2025 has been annexed as ANNEXURE- 'C' *** *** *** 8. That during the course of tree hearing dated 11.03.2025, officials on behalf P.S. Rani Bagh had made the submission that CCTV footage of P.S. Rani Bagh had been submitted via Pen Drive on 27.02.2025. However, on analysis of the CCTV footage it was observed that only partial footage of the campus could be observed as the same was covered by one (0 l) single camera. Furthermore, counsel on behalf of the complainant had made the submission that coverage of all CCTV cameras installed inside the vicinity of P.S. Rani Bagh be place on record. Consequently, in view of the submissions and evidence placed on record the Dy. Conservator of Forests (North), GNCTD i.e. Respondent No.3 directed the SHO (P.S: Rani Bagh) to submit footage of all CCTV cameras installed inside the vicinity of P.S.Rani Bagh along with details of timber and details of vehicle used for carrying such timber. Thereby, in view of the prima facie evidence observed w.r.t illegal pruning of 05 trees committed inside the vicinity/compound of P.S: Rani Bagh, Outer Ring Road, Deepali Chowk, Delhi - 110034 the S.H.O (Rani Bagh) has been directed to plant 20 tree sapling of native species having a minimum height of 6 feet inside the campus/vacinity of P.S: Rani Bagh and 30 tree saplings of native This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 12:59:59 species having a minimum height of 6 feet at the nearest available park and submit a compliance report of the same by 14.04.2025. The matter has been listed for final heating/orders on 16.04.2025.” 6. Today, a status report dated 16.12.2025 has been handed up on behalf of respondent nos. 1 and 2/ Delhi Police and the same is taken on record. In the said status report, the order dated 12.12.2025 passed by the Deputy Conservator of Forests, North Forest Division, MGICC, Bakoli, Alipur, New Delhi has been placed on record, which records as under: “1. Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), Police Station, Rani Bagh (Alleged Offender) and Sh. AK Gupta, Sh. Ajay Aggarwal (Complainant) appeared before this Court for hearing. 2. Whereas, in this case, the inspection has been carried out by the I.O, it has been found that a tree offence has been committed by Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), Police Station, Rani Bagh, by illegally Pruning of Five (05) nos. of trees situated inside Police Station, Rani Bagh, Pitampura, New Delhi without permission from the concerned department and the same has been accepted by Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), Police Station, Rani Bagh, before this Court. 3. Whereas on enquiry, it is found that in the above mentioned case, the tree has been cut is violation of Delhi Preservation of Tree Act, 1994. And in the hearing held in the chamber of Tree Officer, North Forest Division on 10.12.2025, Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), Police Station, Rani Bagh accepted that the trees located inside Police Station, Rani Bagh, Pitampura,, Delhi, have been illegally pruned by him and stated that he is ready to compound the said offence and agreed to submit the compounding affidavit. 4. Whereas Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), have been directed to submit the compounding affidavit accepting the offence pruning of trees as mentioned above and the same has been signed/ submitted by Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), on the same day. 5. Further, during the course of hearing Sh. Prabanshu Kumar This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 12:59:59 (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), were also directed to plant Sixty (60) nos. of tall tree saplings (above 6 ft. size) nearest vicinity and maintain them for at least 7 years. That in view of the above a compliance report dated 21.11.2025 of planted sapling along with photographs has been submitted. Hereby, a quarterly status report of the trees planted be submitted for the next 7 years providing the status of the compensatory plantation. 6. Whereas, after going through the facts of case and as empowered under Section-21 of Delhi Preservation of Tree Act, 1994, I the Tree Officer/Dy. Conservator of Forests (North), agreed to compound the offence. A compounding fee of Rs. 1,00,000/- (Rupees One Lakh only) and Timber Cost of Rs.10,000/-( Rupees Ten Thousand only) Total =Rs. 1,10,000/- Rupees One Lakh Ten Thousand only) is hereby imposed on Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (AS) and Sh. Anand (HC), for illegally pruning of 05 (Five ) no. of trees. 7. Whereas, Sh. Prabanshu Kumar (Inspr.), Sh. Suresh Narwal (ASI) and Sh. Anand (HC), is hereby directed to deposit the above-mentioned amount, through DD in favour of Dy. Conservator of Forest (North), being the composition fees within 30 days of receipt of this order. In case of failure to deposit the same within prescribed period of 30 days, action shall be initiated in the court of Law, as per relevant provisions of Delhi Preservation of Tree Act, 1994 and Bharatiya Nyay Sanhita, 2023. 8. The timber stored in malkhana of P.S. Rani Bagh shall be sent to the nearest cremation ground and receipt of the same be submitted to the office of the undersigned without fail.” 7. Keeping in view of the fact that the concerned persons have already been awarded punishment by the Deputy Conservator of Forest, the present petition is disposed of with a warning that the concerned Officers shall remain careful in future and no act in violation of the said Act will be committed by them in future. 8. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J DECEMBER 16, 2025/bsr/sg